New here. Need help with a summons question

Hi,

I have a company that is trying to sue me. From what I have read about them they are bad debt collectors. The sheriff has been around two times trying to serve me at my last known address.

I checked my credit report, and I see no name of the people who are trying to sue me, but I did notice that I have three accounts which I did not open on my report.
I was able to disput them with two of the three agencies and I am waiting for the report of the third. I am going to go to the court house to get the records so I can look at them. There is no court date set (I guess) because I have not been served.

My question is -
what do I do to stop this bogus collection agency from harassing me?
Is there anything I can do to stop them from trying to serve me?
Would a VOD be in order at this time?

I just want to make sure I have all corners covered.

Thanks

How do you know who they are? It is too late for the VOD if that is the company. Eventually they will serve you. Here, they have 180 days for process. Litigation is not fun, but you can't deal with an unknown enemy.

I know who is trying to sue me.
They apparently purchased a bad debt, which I might add was not mine. Called the CC company. They said that it is my correct ssn, and my correct old address.

Looked in the court file today it contained:

1 An apparent copy of a statement that had my old address on it with no transactions on it except for interest. The due date on the statement was 4 days after the debt was purchased.

2. A purchase agreement between the cc company and the debt collectors

3. name of lawyer handling the case who is able to practice law in my state, and the copy of the motion to obtain a judgement against me for not paying on a cc account.

Nothing else was in the file.

What steps would someone in my shoes take next?

[masterduke]

Sounds like the slimeball attorney is trying to jump the gun right to summary judgement without a trial (like thats never been done before). If that card is truley not yours then you need to get discovery from the court to start the process of getting the debt attorney off of you. Cause if they get summary judgement then you will have to appeal the ruling and go thru a whole other set of hoops. Unfortunatley when the dope does serve you it sets in motion a very short window (10 to 20 days) for you to file a counterclaim or they will have been able to shift the burden of proof from them to you. Get your counterclaim ready so you will be able to file it into the case dockett and that makes the creepy attorneys attempt to shift the burden revert back to him. And get a hearing date for your motion.

[charlesa6]

Originally Posted by CPWillow

I know who is trying to sue me.
They apparently purchased a bad debt, which I might add was not mine. Called the CC company. They said that it is my correct ssn, and my correct old address.

Looked in the court file today it contained:

1 An apparent copy of a statement that had my old address on it with no transactions on it except for interest. The due date on the statement was 4 days after the debt was purchased.

2. A purchase agreement between the cc company and the debt collectors

3. name of lawyer handling the case who is able to practice law in my state, and the copy of the motion to obtain a judgement against me for not paying on a cc account.

Nothing else was in the file.

What steps would someone in my shoes take next?

Do you received any collection letter from this lawyer within 30 days notice to disputing the debt or not?

Originally Posted by charlesa6

Do you received any collection letter from this lawyer within 30 days notice to disputing the debt or not?

No, I did not even know he existed.
Another thing - I carefully looked at this one page bank statement. It is showing the bill to be almost $2000 over the credit limit. I looked at the credit report, and it had a different amount from the last reporting date right before the ccc sold it.
It just does not make sense. There is no late fee space on the statement it just seems odd.

Could someone else have my name, and this be their account, and they just stuck it with me?

[charlesa6]

Originally Posted by CPWillow

No, I did not even know he existed.
Another thing - I carefully looked at this one page bank statement. It is showing the bill to be almost $2000 over the credit limit. I looked at the credit report, and it had a different amount from the last reporting date right before the ccc sold it.
It just does not make sense. There is no late fee space on the statement it just seems odd.

Could someone else have my name, and this be their account, and they just stuck it with me?

By law an attorney/ debt collector must conduct a legitmate investigation that substantiates that there is an enforceable claim under law. Miller v. Wolpoff 7 Abramason, LLP., 2nd, 321 F. 3d 292 (2003).

Information below will lead you, how to do the follow up.

Yet it clear plaintiff attorney initiated collection of the alleged debt by begining its legal action before defendant would have had opportunity to be notified of plaintiff position in any disputes over debt.

Failing to notify you of the alleged debt, you can file the motion to denied,Counterclaim or vacate whatever motion they have in the court record.

Jerseeee can chime in on this one.

[David Merrill]

Originally Posted by CPWillow

Hi,

I have a company that is trying to sue me. From what I have read about them they are bad debt collectors. The sheriff has been around two times trying to serve me at my last known address.

I checked my credit report, and I see no name of the people who are trying to sue me, but I did notice that I have three accounts which I did not open on my report.
I was able to disput them with two of the three agencies and I am waiting for the report of the third. I am going to go to the court house to get the records so I can look at them. There is no court date set (I guess) because I have not been served.

My question is -
what do I do to stop this bogus collection agency from harassing me?
Is there anything I can do to stop them from trying to serve me?
Would a VOD be in order at this time?

I just want to make sure I have all corners covered.

Thanks

The first action in admiralty is a libel. At this point in time maybe the people at the former address have been informed about this alleged debt. But that really fails to constitute the libel.

You say it is a company suing? And that it is over Federal Reserve Notes? Very well. The deputy sheriffs are agents of a foreign principal, representing a foreign state. This summarizes a decade of research succinctly. Agents of a foreign principal are required to file in the district courts of the United States and get a judgment before proceeding to the lien or levy stage of collection. They didn't. Or if they did then it has been through a courthouse called the mailbox or in your case, last known residential address.

The one item the attorneys *****foot around is best known in a maxim, or a whole slew of them that go something like, "Fraud vitiates all." [Well maybe JRB will answer to Free_Martha's new question but I sincerely doubt it. He definitely knows better.]

The birth certificate and SSN are the primary instruments used for all the assumpsit (assumed promises of constructive trust). I have been dancing between several threads here on this issue but if you have been keeping up with me a little then you might understand the US as a corporation that once the States were in complicity with money fraud, were convinced the people would destroy government (in 1937) and were able to coerce State incorporation in the 1960's. You are presumed to be a beneficiary of that novation and constructive trust.

For the most part, especially after the debt has been resold to a professional collections company, one glance at a federal summons Libel of Review is enough to make them back off. The entire money system is a sham that would be highly illegal in any forum but the 1913 secret meeting of Congress to form the Federal Reserve. Understand that and use that because when it comes right down to it, even Judge Roy Bean would be forced to agree you cannot be held to give back the fruits you acquired while unknowingly drawn into criminal syndacalism.


Regards,

David Merrill.

[Judge Roy Bean]

Originally Posted by David Merrill

..... because when it comes right down to it, even Judge Roy Bean would be forced to agree you cannot be held to give back the fruits you acquired while unknowingly drawn into criminal syndacalism.


Regards,

David Merrill.

More Van Peltian nonsense. If you acquire something through an illegal scheme you can't defend yourself nor can you keep what you obtained by saying you didn't know it was illegal.

[mrg]

Originally Posted by Judge Roy Bean

More Van Peltian nonsense. If you acquire something through an illegal scheme you can't defend yourself nor can you keep what you obtained by saying you didn't know it was illegal.

Does that go for the IRS?